Modesto eyes more restrictions on panhandling

Modesto is looking to add more restrictions on panhandlers, limiting where they can ask for money, food and help and how far they have to be from shopping center driveways, gas pumps and outdoor dining areas at restaurants.

The City Council held a workshop Tuesday to discuss the proposed restrictions, which could come to the council in a couple of months for adoption.

This effort raises questions, including whether a short-staffed Police Department can enforce the new restrictions and whether Modesto might be better served with a public-education campaign to discourage people from giving and direct their donations to charities that help the needy.

The proposed restrictions would be added to Modesto’s solicitation ordinance, which regulates where anyone — including panhandlers and people raising money for charity — can ask for money and anything else of value. The city cannot regulate a class of people, and panhandling is protected speech under the First Amendment and can be regulated but not banned.

Officials say panhandlers range from drug addicts and alcoholics to the homeless and the hungry. Some will stand at street corners with signs asking for help while others are more aggressive and intimidate those they approach. There is growing concern about the more aggressive panhandlers.

Tresetti’s World Caffe owner Tammy Maisetti said in an email: “The panhandling and homeless population of downtown Modesto created and creates a negative perception and is a deterrent to both residents, coming out for a good time, or new businesses that might want to become a part of the downtown community.

“They are and have been aggressive when refused money, food items or entry into (the) business to use the restroom. We would like for something to be done. We understand and are aware that this is not just a downtown problem ... We support many local community efforts who help the Modesto homeless population and panhandling problem, but you cannot help those who do not want to help themselves and respect the boundaries of others, and that is what we are talking about.”

There are others who say they panhandle so they have enough to eat and respect those they ask for help. A 58-year-old man who identified himself as Bruce stood in a driveway median Thursday afternoon at the Northpointe Shopping Center in north Modesto with a cardboard sign saying “hungry thank-u.” He did not approach cars unless drivers offered him food or money.

He was embarrassed and angry and would only answer a few questions. Bruce said he is disabled and gets $580 a month in disability payments. He is not homeless and rents a room. Bruce said that before he started panhandling a few months ago, he searched dumpsters behind restaurants for food. “I do it ’cause I’m hungry,” he said about panhandling.

The proposed changes to the ordinance include:

▪  Banning solicitation within 25 feet of a shopping center or business driveway or restaurant drive-through and within 15 feet of a gas pump, or on medians dividing a street, road or highway

▪  Amending the current ban against soliciting in public parking lots after sunset to include private parking lots used for public purposes, such as shopping center lots

▪  Defining the distance at which soliciting is not allowed in front of outdoor dining areas at 25 feet, and expanding the ban on soliciting within 25 feet of an ATM or bank entrance or exit to other financial institutions, such as check-cashing businesses

Police Chief Galen Carroll said the proposed changes will help his officers deal with aggressive panhandlers. “Am I going to send out panhandling patrols?” he said. “Probably not. That’s not the goal. But if we get a hot spot, this gives (officers) additional tools to address the problem.”

Carroll said some panhandlers will follow the restrictions because they don’t want any contact with the police. He said that when officers cite panhandlers, they check them for warrants. Officers can search those with warrants and can find drugs and other contraband.

Police officers responded to 182 panhandling calls and issued 136 citations in 2014. As of Aug. 31 of this year, officers have responded to 63 calls and issued 42 citations.

But at Tuesday’s workshop, Councilman Dave Lopez questioned whether regulations worked. “It’s a little bit silly to expect a drug addict who is panhandling (to support his habit) to stop,” he said.

Lopez said Modesto should focus on educating the public not to give to panhandlers and to give to charity instead. He suggested the city should look at putting up signs stating how people can help the needy without giving to panhandlers. But Carroll — who was not at the workshop — said both approaches are needed.

This story was originally published September 13, 2015 at 7:02 PM with the headline "Modesto eyes more restrictions on panhandling."